Surfside Paddlesports - Terms or Use and Release of Activity Liability
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.surfsidepaddlesports.ca (the "Site"). This Site is owned and operated by Kevin Lawrence. This Site is an eCommerce website.
By using this Site, you indicate that you have read and understood these Terms and Conditions and agree to abide by them at all times.
All content published and made available on our Site is the property of Kevin Lawrence and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
Paddle Sports Goods.
The following services are available on our Site:
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
We accept the following payment methods on our Site:
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
1. Local Pickup;
2. Local Drop-Off; and
All shipping is quoted prior to being paid for, and shipped to the customer. Once the customer receives the quote, they must accept the quote, and pay for it in full, to have their goods shipped to them within 3-5 business days.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address. including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds for Goods
All goods sold on our Site are non-refundable.
Refunds for Services
We provide refunds for services sold on our Site as follows:
When a kayak is purchased after a demo, the "Demo Fee" is deducted from the price of the kayak.
Consumer Protection Law
Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Kevin Lawrence and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims,
losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Kevin Lawrence and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the Province of British Columbia.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
171 Cloudcroft Road, Courtenay, BC
You can also contact us through the feedback form available on our Site.
Activity Waiver & Release
This activity waiver and release (this “Agreement”) dated on the date of online Demo forum.
The Customer as filled out on the Demo forum. (the “Participant”)
Surfside Paddlesports 171 Cloudcroft road, Courtenay, BC (the “Activity Provider”)
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable considerations, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows;
Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant
releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal
representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and
demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has
been or may be sustained as a consequence of the Participant's participation in the activity described below, and not
withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Participant understands that the Participant would not be permitted to participate in the activity described below unless the
Participants have filled out the online form for Demo booking.
Details of Activity
The Participant will participate in the following activity: Kayak Demo.
The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain
obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators,
legal representatives and assigns.
Fitness to Participate
The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, or physical or mental
disabilities that would limit or prevent the Participant from participating in the above-mentioned activity. If required, the
Participant will obtain a medical examination and clearance.
Full and Final Settlement
The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully
understands the same, and that the Participant is freely and voluntarily executing the same.
The Participant understands that by filling out Demo Booking online form, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above-noted activity.
The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to filling out the Demo Booking online form.
This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are
contractual and nol a mere recital.
This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.
Questions? Please reach out!